SECTION 367.18. Reprimand; Probation; Suspension; Revocation

(a) Upon a determination that a violation of the PLL, an order issued by the board, or a board rule has occurred, the Board shall revoke, suspend, or refuse to renew a license, endorsement, or registration, or shall reprimand a holder of a license or registration.

(b) For the purposes of this section, a reprimand means any disciplinary action, other than the probation, suspension or revocation of a license, endorsement or registration.

(c) A person whose license, endorsement, or registration has been revoked pursuant to this section may not apply for a new license, endorsement, or registration before one year from the date of final revocation.

(d) The Board may place on probation a person whose license, endorsement, or registration is suspended. If a license, endorsement, or registration suspension is probated, the board may require the person:

(1) to report regularly to the agency on matters that are the basis of the probation;

(2) to limit practice to the areas prescribed by the board; or

(3) to continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.

(e) If the staff or the Board determines that probation is appropriate to deter future violations of the Plumbing License Law and Board Rules by the respondent, probation shall be administered consistently under the following guidelines:

(1) for violations with greater potential to jeopardize public health, safety, welfare, property, or environment (as listed in the Board's Administrative Penalty Schedule for Class A violations), the term of the probation may not be less than one year or more than five years; and

(2) for violations with less potential to jeopardize public health, safety, welfare, property, or environment (as listed in the Board's Administrative Penalty Schedule for Class B violations), the term of the probation may not be less than six months or more than one year.

(f) Probation by voluntary agreed settlement between a respondent and the staff may meet such terms that both parties deem fair and which in the interest of justice may require.

Source Note: The provisions of this §367.18 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684